Italy Plans to Hold YouTube and Other Sites Accountable For All Hosted Content

(WEB HOST INDUSTRY REVIEW) — In a move that breaks with the European Union’s general policy on service transmission, the Italian government is planning to extend TV-broadcasting regulations to websites that host videos, which would hold YouTube (www.youtube.com) accountable for all content uploaded to their site.

Italy’s deputy minister of communications Paolo Romani told reporters that web publishers who use copyrighted material are guilty of using that content for monetary gain, making them no less at fault for showing material illegally than TV broadcasters. New draft decree introducing the regulations could be introduced as soon as this month and would require YouTube to need a TV license to operate legally in Italy, and it would have to follow the same rules and regulations as traditional broadcasters.

Notable blogger Chris Pirillo, who himself has cracked the “Top 100″ most subscribed channels throughout all of YouTube, noted that the EU passed an electronic commerce directive in 2009, which states that service-only websites are “not liable for the information transmitted” whenever they provide a service to transmit content.

According to a copy of the draft decree seen by The Wall Street Journal, infringements could lead to hefty libel and copyright infringement fines and lawsuits.

Trade group the European Digital Media Association (www.europeandigitalmedia.org), whose members include Google, Yahoo, Amazon EU and Microsoft, has already voiced its disapproval of Italy’s proposed regulations. “EDiMA believes this proposal, in its current form, significantly extends the Directive beyond its intended scope and presents a significant threat to the provision of such services to Italian consumers,” the organization said in an official statement, adding that such regulations would “threaten the viability of and introduce significant barriers to entry” for other user-generated content services in Italy.

EDiMA spokesperson Stefan Krawczyk told the Washington Post that Italy’s decision could set a dangerous precedent. “Today it’s Italy, and tomorrow it may be Latvia or Greece or Denmark,” Mr. Krawczyk said.

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